Use of MIT Names and Trademarks
“MIT”, “Massachusetts Institute of Technology”, and its logos and seal are trademarks of the Massachusetts Institute of Technology. You may not use MIT’s names or logos, or any variations thereof, without prior written consent of MIT. You may not use the MIT name in any of its forms nor MIT seals or logos for promotional purposes, or in any way that deliberately or inadvertently claims, suggests, or in MIT’s sole judgment gives the appearance or impression of a relationship with or endorsement by MIT.
The Digital Millennium Copyright Act (“DMCA”)
It is MIT’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. Copyright owners who believe their material has been infringed on the Site should contact MIT’s designated copyright agent at dcma-agent@mit.edu, or at 77 Massachusetts Ave., Cambridge, MA 02138-4307 Attention: MIT DMCA Agent, W92-263A.
Notification must include:
Identification of the copyrighted work, or, in the case of multiple works at the same location, a representative list of such works at that site.Identification of the material that is claimed to be infringing or to be the subject of infringing activity. You must include sufficient information for us to locate the material (e.g., url, ip address, computer name).Information for us to be able to contact the complaining party (e.g., email address, phone number).A statement that the complaining party believes that the use of the material has not been authorized by the copyright owner or an authorized agent.A statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
Disclaimer of Warranty/Limitation of Liabilities
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MIT does not warrant the Site will operate in an uninterrupted or error-free manner or that the Site is free of viruses or other harmful components. Use of information obtained from or through this Site is at your own risk. Your access to or download of videos, information, materials, or data through the Site or any reference sites is at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data.
IN PARTICULAR, MIT WILL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA).
USER POSTINGS DISCLAIMER
You understand that when using the Site you will be exposed to User Postings from a variety of sources, and that MIT is not responsible for the accuracy, reliability, or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that you may be exposed to User Postings that are offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MIT with respect thereto. MIT has no obligation to monitor any User Postings. However, MIT reserves the right to review User Postings and to edit or remove, in whole or in part, such User Postings in its sole discretion. If notified by a User or a content owner of a User Posting that allegedly does not conform to the TOS, MIT may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice.
INDEMNIFICATION
You agree to defend, hold harmless and indemnify MIT, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claims, actions or demands arising out of, resulting from or in any way related to your use of the Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, MIT will provide you with written notice of such claim, suit or action.
MISCELLANEOUS
Termination Rights. You agree that MIT, in its sole discretion, may terminate your use of the Site or your participation in it thereof, for any reason or no reason.
Entire Agreement. This Agreement constitutes the entire agreement between you and MIT with respect to your use of the Site, superseding any prior agreements between you and MIT regarding your use of the Site.
Waiver and Severability of TOS. The failure of MIT to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Choice of Law/Forum Selection. You agree that any dispute arising out of or relating to these Terms or any content posted to a Site will be governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Boston, Massachusetts as the legal forum for any such dispute.